lated. a significant concession to the Bush Administration. ) In light of these new rules for trials at Guantánamo, Graham thought that the habeas-corpus filings by the prisoners should stop. "My goal was to create some form of due process that was not as in- vasive as a habeas trial, because I do be- lieve they impede the running of the jail," he said. Graham proposed that rulings against the detainees be appealed only to the United States Court of Appeals for the D.C. Circuit. (His legislation thus avoided the district court for the D.C. Circuit, which has generally looked more favorably on detainee claims than has the court of appeals.) In Graham's view, the court of appeals is an adequate substitute for habeas corpus. "The way I read what the Supreme Court said was that, if there was no system in place to decide some- one's confinement status, you had to let them :file habeas petitions," Graham said. "But I think if you give them the D.C. Circuit, that's enough. That's a legitimate alternative. Arlen disagrees. He thinks it's a constitutional right to :file a habeas case. I think our statute gives you enough. That's what Specter v. Graham is about." "That's just ridiculous," Specter told me, referring to Graham's position. "Gra- ham's legislation does not allow the D. C. Circuit to make any fact-finding at all about what happened to the detainees and whether they are, in fact, enemy combatants. It's not a 'streamline' review; it's no kind of review at all." The legisla- tion will almost certainly come before the Supreme Court, but it's impossible to know whether the Court will uphold it. "The D.C. Circuit would have to be an adequate and effective judicial remedy for reviewing the lawfulness of any deten- tion, because that's the basic definition of habeas corpus," Gerald L. Neuman, a professor at Harvard Law School, said. "The law itself isn't very clear about what the D. C. Circuit should do." W hen Specter learned that Graham, with the Administration's sup- port, was trying to ban the detainees from filing more habeas cases, he did every- thing he could as chairman of the Judi- ciary Committee to stop the idea, includ- ing filing an amendment to the bill. With just a few days' notice, he convened a hearing on the plan to strip the courts of jurisdiction in the detainees' cases. The session took place on September 25th, a Monday morning, a time rarely devoted to Senate business. The scene in the hearing room of the Dirksen Senate Office Building antici- pated, in a small way, the spirit of rebel- lion that would animate the electorate seven weeks later. The session began with bipartisan expressions of outrage at the Administration's (and Graham's) plan. "It is inexplicable to me how someone can seek to divest the federal courts of juris- diction on constitutional issues, just inex- plicable to me," Specter said in his intro- ductory remarks. "If the courts are not open to decide constitutional issues, how is constitutionality going to be tested?" Patrick Leahy, the ranking Democrat, spoke next. "T oday we're addressing the single most consequential provision in this much discussed bill," he said. "This provision would perpetuate the indefinite detention of hundreds of individuals, against whom the government has brought no charges and presented no ev- idence and without any recourse to jus- tice whatsoever. That is un-American. This is un-American." At that moment, a group of protesters wearing T-shirts . " Sh "" E d T " d saYIng ame, n orture, an "Save Habeas Corpus" rose from their seats and cheered. Specter rebuked them gently. "There will be no demonstrations from the peo- ple in the room," he said. 'We want you to be here. We want you to listen. But that's out of order." Until this point, the debate over the Senate bill had focussed on the rules for the commissions, or trials. But Thomas Sullivan, a veteran Chicago lawyer and former United States Attorney, turned the senators' attention to a different sub- ject. Sullivan, who represents several Saudi nationals held at Guantánamo, pointed out that the government planned to give about eighty of the four hundred and thirty detainees full trials. The rest would receive only an abbreviated hear- ing known as a Combatant Status Review Tribunal (C.S.R.T.). At these proceed- ings, detainees are not allowed to call wit- nesses (unless the witnesses are other de- tainees at Guantánamo), have no attor- neys present, and are presumed guilty of being an enemy combatant based on evi- dence that they are not allowed to see. With barely concealed rage, Sullivan lectured Senator John Cornyn, the SWANN II AUTO&RAPHS. BOOKS/MANUSCRIPTS. MAPS/ATLASES PHOTO&RAPHS. POSTERS. WORKS OF ART ON PAPER . J \ J '- '\1 ,'Y . ., , ') I , ,........ J::J' " '-.J 'Ììi 1\ ,. r. 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